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DE RUEHBW #1026/01 2751445
ZNR UUUUU ZZH
R 011445Z OCT 08
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC 0483
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
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RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/HQ USEUCOM VAIHINGEN GE

UNCLAS SECTION 01 OF 02 BELGRADE 001026 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL SR
SUBJECT: SERBIA'S AUTONOMOUS PROVINCE OF VOJVODINA PRESENTS ITS 
DRAFT OF GOVERNING STATUTE 
 
Summary 
------- 
 
¶1. (SBU) A draft of new governing legislation for the autonomous 
province of Vojvodina released by the province's Democratic Party 
(DS)-led coalition has attracted the criticism of nationalist 
parties, who charge that it is unconstitutional and separatist.  DS 
coalition partners G-17 Plus and the League of Vojvodina Social 
Democrats see the draft statute as far from perfect but needed to 
increase Vojvodina's competencies and permit badly needed 
decentralization in Serbia.  The draft statute, required by the 2006 
constitution, would give the provincial government additional 
legislative authority and the ability to retain its own revenues in 
order to spur economic development.  Despite the nationalists' 
claims, the draft does not widely increase the province's authority, 
and is considerably less autonomy than the province had before its 
autonomous status was voided by then Serbian Party Chief Slobodan 
Milosevic in 1988.  While charges of separatism are common in 
Vojvodina, Serbian nationalist groups may take this opportunity to 
gain political support for their flagging nationalist agendas.  End 
Summary. 
 
Statute as Good as it Gets -- for Now 
------------------------------------- 
 
¶2. (SBU) The Democratic Party (DS)-led coalition in Serbia's 
autonomous province of Vojvodina released a draft of a new governing 
statute on September 19.  Executive Council Deputy President Ivana 
Markovic Dulic (G-17 Plus) told us on September 24 that a committee 
of lawyers and politicians from DS and the Alliance of Vojvodina 
Hungarians (SVM) had drafted the statute.  DS had later included 
changes recommended by other Vojvodina coalition partners -- G-17 
Plus, the League of Vojvodina Social Democrats (LSV), and the 
Liberal Democratic Party (LDP).  She said that tension between 
Vojvodina politicians, who sought increased decentralization 
throughout the country, and "power-loving" party headquarters in 
Belgrade had limited what DS had been able to include in the 
statute.  Serbia's Constitution further limited the competencies 
Vojvodina could have.  Given these restrictions, Dulic viewed the 
current draft statute as the best Vojvodina could get for now.  She 
expected the Serbian Parliament to pass the statute easily. 
 
¶3. (SBU) Professor Dragor Hiber, one of the primary drafters of the 
current Constitution, also confirmed to us on September 24 that the 
draft Vojvodina statute would grant the province the most autonomy 
possible without violating constitutional norms.  He predicted that 
in the specified areas where Vojvodina would be able to adopt its 
own legislation, such as education, health, and culture, the 
province would be able to provide greater protection for citizens' 
rights than national-level legislation provided. 
 
¶4. (SBU) Sanja Siflis, LSV Director for International Cooperation, 
told us on September 24 that the party was not entirely happy with 
the draft but realized it was the best possible draft for now.  LSV 
based its platform on regaining the control over Vojvodina's 
governance and economy that was lost when Milosevic revoked 
Vojvodina's and Kosovo's autonomy in 1988.  It had drafted a new 
statute along with SVM in 2007 that would give Vojvodina's 
government true legislative, executive, and judicial authority, 
ownership of all state properties in the province, and the ability 
to earn income through taxes, fees, and other means.  Siflis said 
the current DS draft fell short of that ideal in several areas, 
although she conceded that many of the competencies LSV sought for 
Vojvodina would violate the current constitution (which LSV had 
opposed).  LSV leaders also were not pleased that DS had not 
involved all of its coalition partners in the drafting, although DS 
had addressed LSV's major criticisms before releasing the draft 
publicly.  Siflis said the party had approved the draft because it 
was a step forward and because the party did not have sufficient 
leverage within the coalition government to insist on changes, as DS 
enjoyed an outright majority in Vojvodina. 
 
Opposition Criticizes Draft Vojvodina Statute 
--------------------------------------------- 
 
¶5. (U) Officials from the Democratic Party of Serbia (DSS), the 
Serbian Radical Party (SRS), New Serbia (NS), and Tomislav Nikolic's 
"Forward Serbia" caucus criticized the draft immediately portions 
were published.  They charged that the draft gave the province 
unconstitutional powers and was separatist.  DSS deputy (and former 
Kosovo Minister) Slobodan Samardzic said the statute gave the 
province the attributes of a state.  DSS head Vojislav Kostunica 
said the statute was a step toward Tito's 1974 Constitution which he 
claimed heralded the disintegration of Yugoslavia.  Kostunica, who 
has released his own competing draft which would grant much less 
autonomy, said it was important to note that the Vojvodina statute 
was being proposed in the same year as Kosovo's declaration of 
independence.  NS head Velja Ilic accused the European Union of 
 
BELGRADE 00001026  002 OF 002 
 
 
encouraging Vojvodina separatism in order to make Serbia "as small 
and miserable as possible." 
 
¶6.  (U) Bojan Pajtic, President of Vojvodina's Executive Council, 
responded that the statute had been drafted in accordance with the 
Serbian Constitution and the new competencies related primarily to 
economic development.  He pointed out that Vojvodina would not have 
any true legislative authority, police, or a Supreme Court. 
 
Constitution Requires New Statute 
--------------------------------- 
 
¶7. (U) Although critics have stated that the drafting itself is a 
separatist act, an updated statute is one of the many pieces of 
implementing legislation required by the 2006 Constitution.  The 
Constitution requires the current Vojvodina Parliament (the first 
elected since the Constitution went into force) to present a draft 
statute, approved by two-thirds of Vojvodina MPs, to the Serbian 
Parliament within 90 days of its first session.  The statute is now 
in a period of public comment, and the Vojvodina Parliament is 
scheduled to vote on passing it to the Serbian Parliament on October 
15, just at the 90-day deadline.  The Serbian Parliament has no 
deadline to vote on the statute.  The statute will go into effect 
when the Serbian Parliament passes it by simple majority. 
 
Key Features 
------------ 
 
¶8. (U) The draft statute does not contain any references to 
secession, whereas in the 1974 Constitution the republics 
specifically had the right to secede.  Throughout the 1990s Kosovo 
tried to become a republic in order to secede constitutionally. 
Furthermore, all the drafters specifically publicly condemned 
separatism. 
 
¶9. (U) The draft statute would change the name of Vojvodina's 
Executive Council to "Provincial Government."  It would also give 
the Vojvodina Parliament the authority to pass "provincial 
parliamentary decisions," consistent with national-level laws or 
where there are no national-level laws in existence.  The Vojvodina 
Parliament would be able to nominate judges for district courts in 
Vojvodina, as well as for Serbia's High Judiciary Council and 
Constitutional Court, for the Serbian Parliament to confirm.  The 
draft authorizes the Vojvodina Parliament to address areas such as 
protection of the environment, culture, minority rights, 
infrastructure, and economic development.  The statute would give 
Vojvodina the ability to earn income through corporate and property 
taxes, in accordance with Serbian law and the Constitution.  (Note: 
LSV told us that in practice Vojvodina would not actually be able to 
levy taxes as the current Constitution forbids the province from 
collecting taxes.)  Vojvodina also would retain the competencies it 
now enjoys, including the ability to set its budget within the 
limits of 7% of the national budget the Constitution allocates to 
the province. 
 
Comment 
------- 
 
¶10. (SBU) The tabloid press and nationalist politicians raise the 
specter of Vojvodina separatism whenever Vojvodina is in the news. 
Kosovo also held the status of autonomous province from 1974 until 
1988, and nationalists prey on worries that Vojvodina could be the 
next to go.  The latest criticisms do not represent anything new. 
The statute would not increase Vojvodina's authority widely, and all 
parties in the province's ruling coalition have publicly condemned 
separatism.  Nevertheless, the statue is too ripe a target for the 
nationalist groups who are grasping for an issue following their 
defeat in this year's presidential, parliamentary and municipal 
elections.  End Comment. 
 
MUNTER